Irish abortion law key factor in death of Savita Halappanavar, official report finds

Confusion over Ireland's abortion law was a "material factor" in the
death of a Asian dentist as doctors put the welfare of her unborn foetus
above a growing risk to her life, an official report has found.

Mrs Halappanavar was 17 weeks pregnant when tests revealed that she would lose her babyPhoto: The Irish Times

Ireland is grappling with controversial reforms to the Catholic country's anti-abortion legislation after Savita Halappanavar died after being admitted, while 17 weeks pregnant, to a Galway hospital last year with symptoms of contractions prior to a natural miscarriage.

“The interpretation of the law related to lawful termination in Ireland is considered to have been a material contributory factor,” the report found.

“There was a lack of recognition of the gravity of the situation which led to passive approaches and delays in aggressive treatment. The investigation team is satisfied that concern about the law, whether clear or not, impacted on the exercise of clinical professional judgment.”

As her condition worsened two days after entering hospital and despite her repeated request for the termination of her pregnancy ahead of an “inevitable” spontaneous miscarriage, Irish medical staff failed to recognise “increasing risk to the life of the mother”.

While trying to explain to Mrs Halappanavar, a Hindu of Indian origin, why she could not have her pregnancy terminated Ann Maria Burke, the hospital’s midwife manager told her it was “because Ireland is a Catholic country”.

Despite evidence of septicaemia and her worsening condition, doctors refused to consider terminating the pregnancy for another 48 hours until after the foetal heartbeat stopped and there was a spontaneous miscarriage, a delay that led to a life-threatening deterioration in Mrs Halappanavar’s health.

Four days later, on 28 October 2012, she died, one week after being admitted to hospital.

During the health service investigation into the death, an unnamed doctor told investigators that even in a case of “inevitable miscarriage”, such as Mrs Halappanavar’s, Irish doctors had to put the welfare of the foetus before possible risks to the mother’s life.

Following this evidence, Dr Arulkumaran concluded that the consultant believed that her hands were tied by Ireland’s abortion law, leaving doctors helpless to save the mother if it meant aborting an unviable foetus.

“If it was my case I would have terminated the pregnancy,” he said. “The consultant clearly thought that the risk to the mother had not crossed the point where termination was allowable in Irish law.”

On the same day as the report, Ireland published a draft new legislation aimed at clarifying rules that allow abortions in exceptional cases where doctors deem it necessary to save a woman’s life.

Abortion is currently illegal in Ireland, which has Europe’s strictest anti-abortion laws, except if there is clear medical threat to the mother’s life and under the new bill Irish doctors with “conscientious objections” will be allowed to refuse to carry out terminations.

Enda Kenny, the Irish prime minister, has received a barrage of insults over the legislation.